File #: Int 0134-2022    Version: Name: Employers required to post minimum and maximum salary information.
Type: Introduction Status: Enacted
Committee: Committee on Civil and Human Rights
On agenda: 3/24/2022
Enactment date: 5/12/2022 Law number: 2022/059
Title: A Local Law to amend the administrative code of the city of New York, in relation to the employers required to post minimum and maximum salary information
Sponsors: Nantasha M. Williams, Justin L. Brannan, Amanda Farías, Shaun Abreu, Kristin Richardson Jordan, Gale A. Brewer, Selvena N. Brooks-Powers, Mercedes Narcisse
Council Member Sponsors: 8
Summary: This bill would revise Local Law 32 for 2022, the salary disclosure law, to clarify that the law applies to employees who are paid hourly or through an annual salary. The law would not apply to positions that can not or will not be performed in New York City. A person would not be able to bring a lawsuit against an employer based on this law unless that individual is a current employee who is bringing an action against their employer for advertising a job, promotion or transfer without posting a minimum and maximum hourly wage or annual salary. This bill would also clarify that the penalty for the first violation of this law would be $0 and employers would have 30 days to correct the violation. This bill would also move the effective date of Local Law 32 of 2022 to November 1, 2022.
Attachments: 1. Summary of Int. No. 134-A, 2. Summary of Int. No. 134, 3. Int. No. 134, 4. March 24, 2022 - Stated Meeting Agenda, 5. Hearing Transcript - Stated Meeting 3-24-22, 6. Minutes of the Stated Meeting - March 24, 2022, 7. Committee Report 4/5/22, 8. Hearing Testimony 4/5/22, 9. Hearing Transcript 4/5/22, 10. Proposed Int. No. 134-A - 4/14/22, 11. Committee Report 4/27/22, 12. Hearing Transcript 4/27/22, 13. Committee Report - Stated Meeting, 14. April 28, 2022 - Stated Meeting Agenda, 15. Hearing Transcript - Stated Meeting 4-28-22, 16. Minutes of the Stated Meeting - April 28, 2022, 17. Int. No. 134-A (FINAL), 18. Fiscal Impact Statement, 19. Mayor's Letter, 20. Local Law 59
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
5/12/2022ANantasha M. Williams City Council Recved from Mayor by Council  Action details Meeting details Not available
5/12/2022ANantasha M. Williams Mayor Signed Into Law by Mayor  Action details Meeting details Not available
5/12/2022ANantasha M. Williams Mayor Hearing Held by Mayor  Action details Meeting details Not available
4/28/2022ANantasha M. Williams City Council Sent to Mayor by Council  Action details Meeting details Not available
4/28/2022ANantasha M. Williams City Council Approved by CouncilPass Action details Meeting details Not available
4/27/2022*Nantasha M. Williams Committee on Civil and Human Rights Amended by Committee  Action details Meeting details Not available
4/27/2022*Nantasha M. Williams Committee on Civil and Human Rights Hearing Held by Committee  Action details Meeting details Not available
4/27/2022*Nantasha M. Williams Committee on Civil and Human Rights Amendment Proposed by Comm  Action details Meeting details Not available
4/27/2022ANantasha M. Williams Committee on Civil and Human Rights Approved by CommitteePass Action details Meeting details Not available
4/5/2022*Nantasha M. Williams Committee on Civil and Human Rights Hearing Held by Committee  Action details Meeting details Not available
4/5/2022*Nantasha M. Williams Committee on Civil and Human Rights Laid Over by Committee  Action details Meeting details Not available
3/24/2022*Nantasha M. Williams City Council Referred to Comm by Council  Action details Meeting details Not available
3/24/2022*Nantasha M. Williams City Council Introduced by Council  Action details Meeting details Not available

Int. No. 134-A

 

By Council Members Williams, Brannan, Farías, Abreu, Richardson Jordan, Brewer, Brooks-Powers and Narcisse

 

A Local Law to amend the administrative code of the city of New York, in relation to the employers required to post minimum and maximum salary information

 

Be it enacted by the Council as follows:

 

Section 1. Subdivision 32 of section 8-107 of the administrative code of the city of New York, as added by local law 32 for the year 2022, is amended to read as follows:

32. Employment; minimum and maximum salary in job listings. a. It shall be an unlawful discriminatory practice for an employment agency, employer, or employee or agent thereof to advertise a job, promotion or transfer opportunity without stating the minimum and maximum annual salary or hourly wage for such position in such advertisement. In stating the minimum and maximum annual salary or hourly wage for a position, the range may extend from the lowest to the highest annual salary or hourly wage the employer in good faith believes at the time of the posting it would pay for the advertised job, promotion or transfer opportunity.

b. This subdivision does not apply to:

(1) A job advertisement for temporary employment at a temporary help firm as such term is defined by subdivision 5 of section 916 of article 31 of the labor law[.]; and

(2) Positions that cannot or will not be performed, at least in part, in the city of New York.

c. No person shall have a cause of action pursuant to section 8-502 for an alleged violation of this subdivision, except that an employee may bring such an action against their current employer for an alleged violation of this subdivision in relation to an advertisement by their employer for a job, promotion or transfer opportunity with such employer.

d. Notwithstanding the penalties outlined in section 8-126, an employment agency, employer, or employee or agent thereof shall be subject to a civil penalty of $0 for a first violation of this subdivision, or any rule promulgated thereunder, if such employment agency, employer, employee or agent thereof proves to the satisfaction of the commission, within 30 days of the service of a copy of the applicable complaint pursuant to section 8-109, that the violation of this subdivision has been cured. The submission of proof of a cure, if accepted by the commission as proof that the violation has been cured, shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any service of a copy of an applicable complaint pursuant to section 8-109 to an employment agency, employer, or employee or agent thereof for the violation of this subdivision, or any rule promulgated thereunder, for the first time. The commission shall permit such proof to be submitted electronically or in person. An employment agency, employer, or employee or agent thereunder may seek review with the commission of the determination that proof of a cure has not been submitted within 15 days of receiving written notice of such determination.

§ 2. Section 3 of local law 32 for the year 2022 is amended to read as follows: This local law takes effect [120 days after it becomes law] on November 1, 2022, except that the commission may take such actions as are necessary to implement this local law, including the promulgation of rules, before such date.

§ 3. Section 1 of this local law takes effect on the same date as local law 32 for the year 2022. Section 2 of this local law takes effect immediately.

 

 

 

JGDSRC

LS #7966

4/13/22 8:15 PM